A second inquiry was launched last Tuesday (March 26) after a previous ruling against JS Bloor was quashed by the High Court last year – because the Planning Inspectorate failed to give adequate information to justify part of the reason for the dismissed appeal.

JS Bloor first applied to build 63 houses and 13 flats on land at The Pavilion Sports & Fitness Club in Hurst Lane, Molesey, in November 2010. Elmbridge Borough Council’s north area planning sub-committee rejected the proposal on in January 2011.

Planning inspector Lloyd Rogers listened to evidence last week from representatives for the developer and from Molesey councillors, Tony Popham and Stuart Selleck, who were on the planning sub-committee that rejected the initial application.

The land in question was given to the people of Molesey for recreational use when the Kings Chase housing development was approved - an agreement was signed saying this in 1984.

Representing the developer, Martin Kingston QC said councillors were answering on behalf of Elmbridge Borough Council due to the fact planning officers had recommended the planning application be approved in their report.

During cross-examination by Mr Kingston, Cllr Popham, who represents Molesey East, said the committee had not taken any external advice when making its decision.

He said: “There is so much experience on the committee – we are looking at what benefits the community.”

In his evidence, Cllr Popham said the application was turned down because the loss of open space was considered to result in harm to the character of the area and the total provision of recreational facilities within the borough.

He added that the proposed mitigation strategy was considered inadequate.

Cllr Popham told the inquiry: “If you were to use this for housing it is like tearing the heart out of the community.

“If you do this we are letting future generations down.”

Mr Kingston said the land had not been used for recreational purposes by members of the public for some time and had been sold to a private owner in 1992 following a "10-year opportunity" for the authority to purchase it.

Wolsey Road resident Timothy Hoad spoke against the proposal at the inquiry.

He said: “As far as residents of Molesey are concerned, our deal was that when the houses in Kings Chase were built we would get this open land. It seems to me that this is going to be thwarted if these new houses are built.”

Acting on behalf of JS Bloor, Anna Kocerhan, director of Sports Solutions GB Ltd, was instructed to consider whether the company’s financial contribution to pay for new football pitches in Waterside Drive, Walton, and other schemes would satisfy planning policy.

In her evidence, she "aid the land in Hurst Lane currently had "no prospect" of being used for sporting purposes in the future and JS Bloor’s offer was an "opportunity to benefit sporting provision in Elmbridge through the current mitigation proposals that would arise as a result of the redevelopment of the appeal site".

Mr Rogers said he would be visiting the site during the inquiry. He will now consider both sides of the argument and make a decision at a later date.